Purchaser Seeks Refund for Kanoa Earbuds Never Delivered

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A California man says persons like himself who ordered Kanoa earbuds never got their earbuds and were refused a refund.

Plaintiff Wilfredo Cruz Jr. says he and an entire Class of consumers were swindled after defendant Kanoa Inc. took advance orders for a set of Bluetooth earbuds, then cancelled those sales a year and a half later without offering to refund purchasers’ money.

Also named as a defendant in this Kanoa class action lawsuit is Kanoa’s CEO, Cival Barten van der Lubbe.

The products at issue are wireless earbuds made to connect to any Bluetooth-enabled audio device. Cruz claims Kanoa advertised these earbuds for sale in early 2016.

The ad purportedly represented the full retail price of the earbuds as $300, but purchasers had the option of buying the earbuds months in advance of delivery, at a substantially lower price.

Cruz says he took advantage of that offer in February 2016, in response to an ad he saw on Facebook. He placed an order for Kanoa earbuds through Kanoa’s website, paying a total of $149.43 and receiving a receipt that promised delivery in April.

He later got notification from Kanoa that the products were delayed and that shipment had been pushed back to summer 2017.

Then, in August of that year, Kanoa allegedly posted a notice on its website saying that it had ceased development of the earbuds. Cruz says the notice stated Kanoa would not issue any refunds to purchasers who made pre-orders for the earbuds. He says he tried calling and emailing Kanoa, but the company failed to respond.

Cruz believes Kanoa’s representations were part of “a common scheme to mislead consumers and incentivize them to purchase Defendants products.”

He says he and the proposed Class Members relied on Kanoa’s representations when they decided to order the earbuds. Had he known Kanoa would not release the earbuds by April 2016, he says neither he nor any reasonable consumer would have ordered them.

According to Cruz’s Kanoa class action lawsuit, these representations constitute false advertisements and unlawful, unfair or deceptive business practices under California state law. The complaint raises claims under California’s False Advertising Act, Unfair Business Practices Act, and Consumer Legal Remedies Act.

Cruz proposes to represent a plaintiff Class consisting of all consumers who within the applicable statutory limitations period purchased Kanoa earbuds and did not receive a refund when Kanoa ceased development of the earbuds.

He seeks a court injunction that would bar Kanoa from continuing to advertise, develop and sell wireless technology. He also seeks an award of actual damages or full restitution to himself and proposed Class Members, as well as punitive and statutory enhanced damages, court costs and attorney fees.

Cruz is represented by attorney Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.

The Kanoa Earbuds Cancelled Sales Class Action Lawsuit is Cruz v. Kanoa Inc. and Cival Barten van der Lubbe, Case No. 1:17-cv-01476-DAD-JLT, in the U.S. District Court for the Eastern District of California.